RES/39/19 Technical assistance and capacity-building in the field of human rights in the Central African Republic

GE.18-16394 (E) 051018 051018

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Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda item 10

Resolution adopted by the Human Rights Council on 28 September 2018

39/19. Technical assistance and capacity-building in the field of

human rights in the Central African Republic

The Human Rights Council,

Guided by the principles and objectives of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights,

Recalling the African Charter on Human and Peoples’ Rights and other relevant

international and African instruments on human rights,

Recalling also General Assembly resolution 60/251 of 15 March 2006 and Human

Rights Council resolutions 5/1 and 5/2 of 18 June 2007, 23/18 of 13 June 2013, 24/34 of 27

September 2013, S-20/1 of 20 January 2014, 27/28 of 26 September 2014, 30/19 of 2

October 2015, 33/27 of 30 September 2016 and 36/25 of 29 September 2017,

Recalling further Security Council resolutions 2088 (2013) of 24 January 2013,

2121 (2013) of 10 October 2013, 2127 (2013) of 5 December 2013, 2134 (2014) of 28

January 2014, 2149 (2014) of 10 April 2014, 2217 (2015) of 28 April 2015, 2281 (2016) of

26 April 2016, 2301 (2016) of 26 July 2016, 2339 (2017) of 27 January 2017, 2387 (2017)

of 15 November 2017 and 2399 (2018) of 30 January 2018,

Reaffirming that all States have the primary responsibility to promote and protect the

human rights and fundamental freedoms enshrined in the Charter of the United Nations, the

Universal Declaration of Human Rights, the International Covenants on Human Rights and

other international and African instruments on human rights to which they are parties,

Recalling that the authorities of the Central African Republic have the primary

responsibility to protect all populations in the country from genocide, war crimes, ethnic

cleansing and crimes against humanity,

Welcoming the holding of popular consultations and the Bangui Forum on National

Reconciliation, which was followed by the adoption of the Republican Pact for Peace,

National Reconciliation and Reconstruction and the signing of an agreement on

disarmament, demobilization and reintegration by the representatives of the main actors in

the conflict in the Central African Republic, and emphasizing the need for effective

implementation of the recommendations and measures contained therein,

United Nations A/HRC/RES/39/19

General Assembly Distr.: General 3 October 2018

English

Original: French

2 GE.18-16394

Welcoming also the peaceful holding of a constitutional referendum on 13 December

2015, the holding of legislative and presidential elections in December 2015 and February

and March 2016 and the investiture of President Faustin-Archange Touadéra on 30 March

2016,

Welcoming further the adoption of the African Initiative for Peace and

Reconciliation in the Central African Republic and its road map on 17 July 2017 in

Libreville, and the appointment of a panel of facilitators to implement it, and stressing the

need for an inclusive dialogue, in keeping with the recommendations of the Bangui Forum

on National Reconciliation,

Reaffirming its commitment to the sovereignty, independence, unity and territorial

integrity of the Central African Republic,

Deeply concerned at the worsening security situation in the Central African

Republic as a result of the advance of armed groups across most of the territory, and

condemning in particular the acts of violence that continue to be committed by armed

groups, in Bangui and elsewhere in the country, against civilians, United Nations

peacekeepers and humanitarian actors, as well as violations of international humanitarian

law and human rights violations, including those committed against children and sexual and

gender-based violence in times of conflict, which have led to an unacceptable number of

deaths, injuries, displaced persons and refugees,

Deeply concerned also at the increasing use of messages of hatred and incitement to

violence that would aggravate discrimination and social stigmatization, while welcoming

the adoption in June 2018 of the National Plan for the Prevention of Incitement to

Discrimination, Hatred and Violence and advocating the full implementation of the Plan,

Deeply concerned further at the surge in attacks on humanitarian personnel and

humanitarian facilities in a context which has not been improved by the increased number

of displaced persons and the continuing high numbers of refugees, and at the fact that half

of the country’s population, or some 2.5 million Central Africans, continues to need

humanitarian assistance to survive,

Noting the implementation of the humanitarian response plan for 2017–2019 and

concerned about the growing humanitarian needs of the Central African Republic, in

particular those of persons with disabilities and the needs of victims for psychotherapeutic

support,

Recalling the need for the Government of the Central African Republic, the

international community and humanitarian actors to support the voluntary return of

displaced persons and refugees and to ensure that their return is sustainable,

Noting the mobilization of the international community to provide humanitarian

assistance to the population of the Central African Republic affected by the crisis, such as

the donor conference held in Addis Ababa on 1 February 2014, the Brussels conference

held on 26 May 2015 and several high-level meetings held on humanitarian action in the

Central African Republic, such as the African Union Solidarity Conference for the Central

African Republic, held in Addis Ababa in February 2017,

Welcoming the outcome of the international support conference held in Brussels in

November 2016 and the pledges announced during that conference, and encouraging

Member States to swiftly disburse those pledges,

Deeply concerned at the violations and abuses of human rights and of international

humanitarian law, including those involving summary executions, extrajudicial killings,

arbitrary arrests and detention, enforced disappearance, the recruitment and use of children,

rape and other forms of sexual violence, torture, looting, the unlawful destruction of

property and other serious violations and abuses of international human rights law and

international humanitarian law,

GE.18-16394 3

Emphasizing that those who engage in or provide support for acts that undermine the

peace, stability or security of the Central African Republic, threaten or impede the political

stabilization and reconciliation process, target civilians and attack peacekeepers and incite

others to violence, particularly on ethnic or religious grounds, must be held responsible for

their acts,

Welcoming the efforts of the African-led International Support Mission in the

Central African Republic, the African Union, the Operation Sangaris mission conducted by

France, the European Union military operation in the Central African Republic, the

European Union Military Advisory Mission in the Central African Republic, and the non-

operational and operational military training missions for the Central African armed forces

conducted by the European Union and the United Nations Multidimensional Integrated

Stabilization Mission in the Central African Republic,

Recalling that the international forces present in the Central African Republic must

act, in carrying out their duties, in full respect for the applicable provisions of international

law, particularly international humanitarian law, international human rights law and

international refugee law, expressing its concern at the allegations of sexual abuse and other

human rights violations that may have been committed by personnel of the international

forces in the Central African Republic, recalling that an in-depth investigation should be

launched into the allegations and that those responsible for such acts must be brought to

justice, and welcoming the commitment by the Secretary-General to strictly enforce the

zero-tolerance policy of the United Nations on sexual exploitation and abuse, and the

signing on 3 September 2018 of the protocol on information-sharing and reporting of sexual

exploitation and abuse,

Stressing the urgent and imperative need to end impunity in the Central African

Republic, to bring to justice perpetrators of human rights violations and abuses and

violations of international humanitarian law and to reject any general amnesty for the

perpetrators of such violations and abuses, and the need to bolster national mechanisms to

ensure accountability of perpetrators,

Stressing also the primary responsibility of national authorities to create the

conditions necessary to carry out investigations, to prosecute and to render judgments

efficiently and independently,

Welcoming the commitment of the authorities of the Central African Republic to

restore the rule of law, to end impunity and to bring to justice the perpetrators of crimes

under the Rome Statute of the International Criminal Court, to which the Central African

Republic is a party, and noting the decisions of the Prosecutor of the Court, made on 7

February 2014, to conduct a preliminary examination of the situation in the Central African

Republic and, on 24 September 2014, to launch an investigation, following the request

made by the transitional authorities,

Welcoming also the steps taken by the Government to operationalize the Special

Criminal Court, such as the adoption of the rules of evidence and procedure and the

provision of temporary premises for staff of the Court, and encouraging the international

community to continue to support the Special Criminal Court in the long term,

Recalling that the international commission of inquiry to investigate allegations of

violations of international humanitarian law and international human rights law and human

rights abuses in the Central African Republic concluded that the main parties to the conflict

had committed, since January 2013, violations and abuses that may constitute war crimes

and crimes against humanity,

Stressing the importance of pursuing investigations into allegations of violations of

international humanitarian law and violations and abuses of international human rights law

to complement the work of the international commission of inquiry and the report on the

Mapping exercise documenting serious violations of international human rights law and

international humanitarian law committed in the territory of the Central African Republic

between January 2003 and December 2015 prepared by the United Nations

Multidimensional Integrated Stabilization Mission in the Central African Republic and the

Office of the United Nations High Commissioner for Human Rights,

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1. Strongly condemns all abuses and violations of human rights and violations

of international humanitarian law, including killings, acts of torture and inhuman and

degrading treatment, sexual violence, abductions, arbitrary arrests and deprivation of

liberty, extortion and looting, the recruitment and use of children, the occupation of schools

and attacks on them, the injured and the sick, medical personnel, health centres and medical

vehicles, as well as the denial of humanitarian assistance, and stresses that those responsible

for such violations and abuses must be held accountable for their actions and brought to

justice;

2. Also strongly condemns the targeted attacks launched by armed groups

against civilians, against humanitarian workers and supplies and against United Nations

staff;

3. Reiterates its call for an immediate end to all abuses and violations of human

rights and violations of international humanitarian law committed by all parties, for strict

adherence to all human rights and all fundamental freedoms and for the re-establishment of

the rule of law in the country;

4. Expresses deep concern about the humanitarian situation, stresses that

insecurity and the lack of funding are hampering the delivery of humanitarian assistance,

and calls upon the international community to offer greater support for humanitarian efforts

in the country;

5. Calls upon the Government, political and religious leaders and civil society

organizations to undertake coordinated public action to prevent incitement to violence,

including on ethnic and religious grounds, and recalls that individuals or entities who incite

violence could be sanctioned by the Security Council;

6. Takes note with appreciation of the report of the Independent Expert on the

situation of human rights in the Central African Republic and of the recommendations

contained therein;1

7. Urges all parties in the Central African Republic to protect all civilians, in

particular women and children, against sexual and gender-based violence;

8. Calls upon the authorities to support the National Observatory for Gender

Parity;

9. Encourages the United Nations Multidimensional Integrated Stabilization

Mission in the Central African Republic to resolutely implement a proactive and robust

approach to the protection of civilians, as enshrined in its mandate, and also encourages it

to lend the necessary assistance to the authorities of the Central African Republic so that the

Special Criminal Court can begin its work without delay;

10. Encourages the United Nations and the countries contributing troops to the

United Nations Multidimensional Integrated Stabilization Mission in the Central African

Republic and international forces acting under the mandate of the Security Council to take

appropriate measures in order to ensure full respect for the zero-tolerance policy of the

United Nations on sexual exploitation and abuse, and calls upon troop-contributing

countries and international forces under the mandate of the Security Council to take

appropriate measures to prevent any and all acts of sexual exploitation and abuse and to

prevent impunity among their personnel in order to ensure justice for victims;

11. Calls upon the authorities of the Central African Republic, with the support

of the United Nations Multidimensional Integrated Stabilization Mission in the Central

African Republic, to engage resolutely in the disarmament, demobilization, reintegration

and repatriation of foreign fighters, in line with a comprehensive strategy for security sector

reform to quickly operationalize the cooperation structures they have put in place and to

make proposals for disarmament, demobilization, reintegration and repatriation, and

requests Member States and international organizations to provide the funding necessary

1 A/HRC/39/70.

GE.18-16394 5

for the disarmament, demobilization, reintegration and repatriation process, which is an

essential contribution to the security of the population and the stabilization of the country;

12. Deplores the increasing recruitment and use of children by armed groups as

combatants, human shields, domestic workers or sex slaves, as well as the increasing

number of child abductions, urges armed groups to release children from their ranks and to

put an end to and prevent future recruitment and use of children, and, in this regard, calls on

them to honour the commitments assumed by several of them on 5 May 2015;

13. Welcomes the ratification by the Central African Republic in 2017 of the

Optional Protocol to the Convention on the Rights of the Child on the involvement of

children in armed conflict, encourages the continuing efforts of the Government to protect

children through the adoption and effective implementation of legislation prohibiting the

recruitment and use of children in armed conflict, and encourages the Government to

consider ratifying the Optional Protocol to the Convention on the Rights of the Child on a

communications procedure;

14. Urges all parties to protect and to regard as victims those children who have

been released or otherwise separated from the armed forces and armed groups, and

emphasizes the need to protect, release and reintegrate all children associated with the

armed forces and armed groups and to implement rehabilitation and reintegration

programmes that take into account the specific needs of girls;

15. Calls upon the authorities of the Central African Republic to ensure respect

for the human rights and fundamental freedoms of the entire population and to take all

necessary steps to end the impunity of perpetrators of acts of violence by strengthening the

judicial system and mechanisms intended to ensure accountability;

16. Notes the decision of the authorities of the Central African Republic in June

2014 to request the Prosecutor of the International Criminal Court to open an investigation

into alleged crimes committed in the Central African Republic that may fall under the

Court’s jurisdiction, and welcomes in that regard the opening in September 2014 of an

investigation by the Court essentially into war crimes and crimes against humanity

committed since 1 August 2012;

17. Welcomes the efforts by the authorities of the Central African Republic to

establish within the national judicial system the Special Criminal Court with competence in

respect of serious violations of human rights and violations of international humanitarian

law, and encourages the Government to take all the measures necessary to ensure the

effective implementation and operational capability of the Court and the opening of

proceedings as soon as possible, with support from the international community, and to

cooperate with the Special Prosecutor of the Court so that those responsible for

international crimes, regardless of their status or their affiliation, are identified, arrested and

brought to justice without delay;

18. Takes note of the efforts made by the authorities of the Central African

Republic and underscores the urgent need to effectively redeploy judges throughout the

country, to revitalize the judicial services, to implement the national strategy for the

protection of victims and witnesses involved in judicial proceedings, and to establish

appropriate reparation programmes to provide victims of violations and their families with

material and symbolic reparation, at both the individual and collective level;

19. Welcomes the efforts by the authorities of the Central African Republic to

hold criminal hearings in the Assize Court and requests them to continue strengthening the

judiciary and combating impunity in order to contribute to stabilization and reconciliation,

and stresses the urgent need to restore the administration of justice and strengthen the

criminal justice system and the penitentiary system such that judicial authorities are

effectively present throughout the country, while ensuring that everyone has access to fair

and impartial justice;

6 GE.18-16394

20. Takes note of the efforts by the authorities of the Central African Republic to

re-establish the effective authority of the State over the entire country, by pursuing the fight

against corruption and redeploying the State administration, in particular the judiciary, in

the provinces with a view to ensuring stable, responsible, inclusive and transparent

governance, and requests the authorities to support those efforts by ensuring that the

redeployed authorities have sufficient resources;

21. Calls upon the authorities of the Central African Republic to implement the

reform of the security sector in order to establish multi-ethnic, professional, representative

and well-equipped national defence and internal security forces, and stresses the need for

these forces to respect the principles of accountability and the rule of law so as to win and

cultivate the trust of local communities, including the preliminary verification procedures

relating to human rights conducted by the defence and security forces;

22. Welcomes the good cooperation between the authorities of the Central

African Republic and international partners, including the United Nations Multidimensional

Integrated Stabilization Mission in the Central African Republic and the European Union

military training mission in the Central African Republic, with a view to the gradual and

sustainable redeployment of the Central African armed forces and the internal security

forces trained by the European Union military training mission in the Central African

Republic and other international partners, in the wider context of extending the authority of

the State and consolidating security, and invites the United Nations Multidimensional

Integrated Stabilization Mission in the Central African Republic to continue to apply a

policy of due diligence in the field of human rights so as to ensure oversight and

accountability in relation to the conduct of the national security forces;

23. Requests States Members of the United Nations and international and

regional organizations to provide urgent support to the authorities of the Central African

Republic in rolling out the above-mentioned reforms and re-establishing the authority of the

State throughout the territory, while expanding the role of the Economic Community of

Central African States in peace efforts and cross-border issues, including the seasonal

migration of animals;

24. Calls upon the authorities of the Central African Republic to implement the

recommendations made at the Bangui Forum on National Reconciliation, welcomes the

progress made towards establishing a truth, justice, reparation and reconciliation

commission, and calls upon the authorities to continue on this path;

25. Urges the authorities of the Central African Republic to define in an inclusive

manner, with the support of the United Nations Multidimensional Integrated Stabilization

Mission in the Central African Republic, a comprehensive road map for transitional justice,

and encourages the authorities to identify pilot areas to develop local strategies for

transitional justice;

26. Stresses the need to involve all sectors of Central African civil society and to

promote the full and effective participation of women and young people in the dialogue

between the authorities of the Central African Republic and the armed groups within the

framework of the African Initiative for Peace and Reconciliation in the Central African

Republic and its road map, which is the main framework for a political solution in the

Central African Republic, as well as the need to coordinate the peace process with

transitional justice in order to facilitate national reconciliation;

27. Remains deeply concerned by the extent of conflict-related sexual violence,

in particular against women and girls recruited by armed groups, and encourages the

national authorities and the Special Criminal Court to protect victims and boost their

empowerment, and to bring all alleged perpetrators of such crimes to justice;

28. Remains concerned by the surge in the number of children recruited by

armed groups, calls for the establishment and implementation of social reintegration and

psychological support programmes for minors who are victims of the six most serious

violations suffered by children in armed conflict, encourages greater advocacy to improve

the protection of children in armed conflict, including by taking account of the specific

GE.18-16394 7

needs of girls, and urges the authorities and armed groups to end and prevent such serious

violations and abuses of their rights;

29. Remains deeply concerned by the conditions of displaced persons and

refugees, and encourages the international community to help the national authorities and

host countries to ensure appropriate protection and support for victims of violence, in

particular women, children and persons with disabilities;

30. Calls upon the national authorities to continue their efforts to protect and

promote the right to freedom of movement for all, including internally displaced persons,

without distinction, and to respect their right to choose their place of residence, to return

home or to seek protection elsewhere;

31. Invites all stakeholders and the international community to remain mobilized

to respond to the urgent needs and priorities identified by the Central African Republic, in

particular financial and technical support and funding for the treatment of people

traumatized by the crisis;

32. Requests all parties to authorize and facilitate rapid and unhindered access for

humanitarian aid and humanitarian workers to the entire national territory, including by

strengthening security on the roads;

33. Encourages States Members of the United Nations, within the framework of

international cooperation, the relevant United Nations bodies, the international financial

institutions and other international organizations concerned and donors to provide the

Central African Republic with technical assistance and support for capacity-building with a

view to promoting respect for human rights and undertaking reform of the justice and

security sectors;

34. Encourages the United Nations Multidimensional Integrated Stabilization

Mission in the Central African Republic, in accordance with its mandate, to publish reports

on the situation of human rights in the Central African Republic in order to enable the

international community to monitor the situation;

35. Decides to renew, for one year, the mandate of the Independent Expert to

assess, to monitor and to report on the situation of human rights in the Central African

Republic with a view to making recommendations related to technical assistance and

capacity-building in the field of human rights;

36. Requests all parties to cooperate fully with the Independent Expert in

carrying out her mandate;

37. Decides to organize, at its fortieth session, a high-level interactive dialogue to

assess the evolution of the human rights situation on the ground, placing special emphasis

on the participation of civil society, especially women’s organizations and representatives

of victims, in the peace and reconciliation process, with the participation of the Independent

Expert and representatives of the Government of the Central African Republic, the United

Nations, the African Union and civil society;

38. Requests the Independent Expert to work closely with the United Nations

Multidimensional Integrated Stabilization Mission in the Central African Republic and

United Nations bodies, particularly in the area of transitional justice;

39. Also requests the Independent Expert to work closely with all United Nations

bodies, the African Union and the Economic Community of Central African States, as well

as with other relevant international organizations, Central African civil society and all

relevant human rights mechanisms;

40. Further requests the Independent Expert to work closely with the Special

Representative of the Secretary-General on Sexual Violence in Conflict and the Special

Representative of the Secretary-General for Children and Armed Conflict;

41. Requests the Independent Expert to provide an oral update on her report on

technical assistance and capacity-building in the field of human rights in the Central

African Republic to the Human Rights Council at its forty-first session and to submit a

written report to the Council at its forty-second session;

8 GE.18-16394

42. Requests the United Nations High Commissioner for Human Rights to

continue to provide the Independent Expert with all the financial and human resources

necessary to enable her to carry out fully her mandate;

43. Decides to remain seized of the matter.

41st meeting

28 September 2018

[Adopted without a vote.]